Mediator Resume

Retired Court of Appeals Judge and Circuit Judge with more than 40 years of experience resolving complex disputes as an Arbitrator, Mediator, Judge and as an accomplished trial lawyer. Respected for impartial, thorough, and practical handling of cases. Conducted hundreds of arbitrations and mediations in large, complex cases and conducted hundreds of jury trials and court trials. Presided over countless evidentiary hearings and summary judgment motions. Authored numerous opinions that clarified important areas of the law for civil practitioners. Had a distinguished career as an experienced advocate who tried many lengthy, multi–party cases for businesses and individuals in state and federal courts throughout the country.

Fitzpatrick ADR LLC - Owner

Arbitrator, Mediator, and Special Master in Discovery Disputes

Owner, Fitzpatrick ADR LLC, 2023 - Present; Reserve (part-time) Judge, 2023 - Present; Judge, Wisconsin Court of Appeals, 2017 - 2023; Judge, Wisconsin Circuit Court, 2008 - 2017; Partner/Chair of Litigation Practice Group, Brennan Steil & Basting S.C., 1985 - 2008; Law Clerk to Hon. R. James Groh, United States Magistrate Judge - Western District of Wisconsin, 1984 - 1985.

Substantial experience as an Arbitrator and Mediator in a broad range of matters include the following disputes, many of which involved millions of dollars and concerned federal law and the laws of more than 25 states: Commercial litigation including breach of contract, intentional interference with a contractual relationship, unjust enrichment, fraud, misrepresentation, civil conspiracy, along with force majeure defenses. Shareholder, partner, and LLC member disputes including dissolutions, buyouts, and valuation issues. Employment-related claims including severance, termination, buyouts, covenants not to compete and noncompetition agreements, confidentiality and non-disparagement agreements, Fair Labor Standards Act and related state law wage issues, overtime for donning and doffing, and wrongful termination and discrimination claims based on religion, gender, and race. Business-related disputes including professional organization dissolutions, acquisition of interests in large closely held businesses valued in the millions of dollars, major contractual disputes involving an investment bank – backed public – private partnership, litigation on three continents between a Chinese publicly traded company and an American publicly traded company, division and valuation of share options of a publicly traded corporation, defamation in a business setting, misappropriation of proprietary and confidential information, invasion of privacy, receiverships, and fair dealership and franchise disputes. Real estate matters including valuation disputes, commercial leases, warehousing, eminent domain, commercial foreclosures, slander of title, adverse possession, boundary disputes, easements, and riparian rights. Commercial and residential construction disputes including large construction projects such as wind farms and wind turbines, owner-general contractor, general contractor-subcontractor, design, methods, and materials issues. Commercial, Commercial General Liability, and life insurance disputes concerning coverage, bad faith claims, reserves, pricing, underwriting, and claims handling. Banking and lending including guarantees, mortgages, and unconscionability claims. Attorney fee disputes. Claims in large probate estates concerning undue influence and breach of fiduciary duty. As a Judge, handled the same broad range of matters noted above, including class actions, misappropriation of intellectual property, insurance coverage disputes including pollution and environmental claims, errors and omissions (E&O) policies, homeowner’s policies, intentional acts, loss of use and damage to property, reformation, late notice and prejudice. As a member of the Wisconsin Judicial Council, was actively involved in drafting substantive changes to the rules of evidence and wholesale changes to Wisconsin’s class action statute. As a member of the Wisconsin Civil Jury Instruction Committee, has been responsible for substantive changes to instructions and instruction comments concerning intentional interference with a contractual relationship, unjust enrichment, misrepresentation, defamation, invasion of privacy, spoliation of evidence, and damages in commercial litigation. While in private practice, represented businesses and individuals in many multi- party lengthy trials and was national counsel for several companies in federal and state courts across the country in matters involving intellectual property disputes, commercial litigation, and product liability cases.

Substantial experience as an Arbitrator and Mediator in a broad range of matters including the following disputes, many of which involved millions of dollars and concerned federal law and the laws of more than 25 states: Commercial litigation including breach of duty of good faith, intentional interference with a contractual relationship, enforceability of arbitration provisions, unjust enrichment, fraud, misrepresentation, civil conspiracy, along with force majeure defenses. Shareholder, partner, and LLC member disputes including dissolutions, buyouts, and valuation issues, along with resolutions of dissolutions of farms valued in the millions of dollars. Employment-related claims including severance, termination, buyouts, covenants not to compete and noncompetition agreements, confidentiality and non-disparagement agreements, Fair Labor Standards Act and related state law wage issues, overtime for donning and doffing, and wrongful termination and discrimination claims based on religion, gender, and race. Business-related disputes including professional organization dissolutions, acquisition of interests in large closely held businesses, major contractual disputes involving an investment bank – backed public – private partnership, litigation on three continents between a Chinese publicly traded company and an American publicly traded company, division and valuation of share options of a publicly traded corporation, defamation in a business setting, misappropriation of proprietary information, invasion of privacy, receiverships, dealerships, and legal malpractice. Real estate matters including valuation disputes, commercial leases, eminent domain, commercial foreclosures, slander of title, adverse possession, boundary disputes, easements, and riparian rights. Commercial and residential construction including owner-general contractor, general contractor-subcontractor, design, methods, and materials issues. Commercial, CGL, and life insurance disputes concerning coverage, bad faith, reserves, pricing, underwriting, and claims handling. Banking and lending including guarantees, mortgages, and unconscionability. Attorney fee disputes. Claims in large probate estates concerning undue influence and breach of fiduciary duty.

Representative mediations include the following types of disputes: buyout of interests in large, successful, closely held businesses; division and valuation of share options of a publicly traded corporation; shareholder and LLC member buyouts; division and payments for the transfer of interests in ongoing businesses; covenants not to compete and confidentiality agreements; dealerships; commercial leases; commercial developments; corporate dissolution; professional organization dissolution; significant personal injury; banking; commercial and residential construction including owner-general contractor and general and sub-contractor issues; insurance coverage disputes including environmental claims; legal malpractice; claims in large probate estates concerning undue influence and breach of fiduciary duty; disputes concerning the break-up of family farms valued in the millions of dollars; and real estate including eminent domain, valuations, and boundaries.

My approach to mediation is based upon my more than 40 years of experience as a full-time Mediator, Court of Appeals Judge, Circuit Judge, and an accomplished trial lawyer. I understand that thorough preparation is vital and details are important. I am prepared at the mediation to discuss all legal and factual aspects of the case to assist counsel and the parties in crafting practical and equitable solutions. Every case has strengths and challenges, and a party should factor the strength and challenges of their case into the settlement negotiations. I have spoken with hundreds of jurors and have been the finder of fact at hundreds of trials. With that experience, I considerately and effectively communicate insights into how the jurors and the Judge will likely view an issue if the case continues. With my background as an Appellate Court Judge, I also give practical perspectives into a party’s prospects on appeal. These insights are presented as a positive for the party because my perspectives allow the party to assess risks and likely outcomes in a clear-eyed manner. Patience with the mediation process is important, and I tenaciously but politely continue to focus the parties toward settlement. Early on, parties often express views about settlement that appear irreconcilable. No one wants the mediation to last longer than necessary, but we also do not want to miss settlement opportunities. Parties frequently need time to process and absorb ideas and information introduced by the Mediator. The viewpoint of a party at the start of the mediation can be modified by the right Mediator such that the party has a different viewpoint later in the mediation. When scheduling the mediation, I ask counsel to give substantial thought to timing. Early mediation saves costs for the parties and is worthwhile when the parties have sufficient information and views of the issues are unlikely to change with discovery. However, some cases need slightly later mediation and limited discovery in order for each party to have confidence about pertinent facts going into the mediation.

Recognized expertise, and substantial judicial experience, resolving discovery and admissibility disputes concerning electronically stored information (ESI). Teaches courses to judges and attorneys concerning discovery and admissibility of ESI. Those courses concern: applicable federal and state rules and case law; practical discussions regarding the resolution of such disputes; and attorney-client privilege and inadvertent disclosure issues as those relate to discovery of ESI. Available for hearings/conferences via Zoom.

Drake Law School (JD-1984); Drake University (BA - 1980).

Admitted to the Bar: Wisconsin (1984); US District Courts: Western and Eastern Districts of Wisconsin (1985); US Court of Appeals: 7th Circuit (1988).

Elected Member, American Law Institute, currently part of the Members Consultative Group for the Restatement Third of Torts; Wisconsin Judicial College Faculty; Wisconsin Civil Jury Instruction Committee; Jurist in the American Inns of Court; Drake Law School Board of Counselors; Wisconsin Business Court Advisory Committee; Board Member, State Bar Dispute Resolution Section; Vice-Chair of ABA TIPS Section Dispute Resolution Committee.

Continues to serve on the faculty of the Wisconsin Judicial College, a week-long seminar for new and experienced Judges. For many years, presented the Civil Case Law Update at the Wisconsin Judicial Conference and each year prepared for all Wisconsin Judges written summaries of important case law developments. In 2022, delivered the Chapman Distinguished Lecture in Law at the University of Tulsa College of Law, spoke at the American Bar Association’s seminar on Toxic Torts and Environmental Law regarding methods for the effective presentation of expert testimony, and is the Judicial Editor of the State Bar Evidence treatise. Frequently invited to speak at seminars for Judges and attorneys on subjects such as: Judges’ Application of the Rules of Evidence in the Courtroom; Effective Presentation of Expert Testimony; Admissibility of Expert Opinions; Enforceability of Arbitration Agreements; Business Litigation Motion Practice; Practical Tips for Commercial Litigators; Business-Related Torts; Attorney Fee Awards; Judicial Ethics; and Persuading Judges and Juries (for attorneys and law students). For a complete list of presentations, please see the CV at www.michaelfitzpatrickadr.com.

There is no charge for travel time in Wisconsin or to the Chicago area.

Hourly Rate: $500.00 Daily Rate: Not provided Study Rate: $500.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: There is no charge for travel time in Wisconsin and to the Chicago area. Mileage is charged at the IRS rate.

English

United States of America

Janesville, Wisconsin